Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18 -- Anticipatory Bail in an offence under SCST Act - No Absolute Bar - S.18 of the Act does not impose an absolute bar on the grant of anticipatory bail in cases registered under the Act - Held that (a) Term `arrest' appearing in the text of S.18 of the Act should be construed and..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18 -- SCST - Anticipatory Bail - Duty of Court to determine existence of prima facie case - Analysed. Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Act, 1989, S.18 - Anticipatory Bail in an offence under SCST Act - Prima Facie Case - Bar u/s 18 of the Act would apply..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18 -- Anticipatory Bail in an offence under SCST Act - Prima Facie Case - Bar u/s 18 of the Act would apply only when a prima facie case is made out in a given FIR/complaint - If prima facie is not made out anticipatory bail to be granted - Held; (a) Prima facie is a Latin term that..........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Pre-reference and pendente lite interest - Power of Arbitrator to award pre-reference and pendente lite interest is not restricted when the agreement is silent on whether interest can be awarded or does not contain a specific term that prohibits the same...........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Pre-reference and pendente lite interest - While pendente lite interest is a matter of procedural law, pre-reference interest is governed by substantive law - Therefore, grant of pre-reference interest cannot be sourced solely in S.31(7)(a) (which is a procedural law), but must be based on an..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Commercial Courts Act, 2015, Section 12A -- Ex parte interim injunction - Pre-institution meditation - Defendant is interfering in operation of petrol pump in question - There was thus an urgent need of interim relief - Provision of S.12-A of Commercial Courts Act not attracted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2 kg opium - Bail - Rigors of S.37 of NDPS Act do not apply, as recovery effected is intermediate quantity - Role of accused is similar to co-accused who were already granted bail - Pre-trial custody may not be justified at this stage - Bail granted..........
Criminal Procedure Code, 1973, Section 384 -- Condonation of delay - Delay in filing appeal - While considering a delay petition, Court cannot impose a condition to deposit part of amount covered by verdict impugned, as a pre-requisite to condone delay in filing an appeal...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused - It is necessary to lay down certain pre-requisites that a Magistrate must address and that must be reflected in summoning orders in cases u/s 138 of the Act, so as to ensure that summoning orders are not issued mechanically and that they contain at least a brief discussion on the..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Accused has no right of pre audience before registration of FIR...........
